User Agreement and Privacy Policy

  1. General Provisions

    1. This User Agreement and Privacy Policy is a public contract (public offer) on the basis of paragraph 2 of Article 437 of the Civil Code of the Russian Federation, of Individual Entrepreneur Martynova Elena Igorevna acting on the basis of a certificate of registration of an individual as an individual entrepreneur, hereinafter referred to as the “Administrator”, with (to) any legally capable and natural person who has reached the age of 18, expressed a willingness to use the services of the Administrator, and accepted the terms of this public offer (hereinafter referred to as the “Agreement”). After accepting the conditions set out below and starting to use the Service, the person who accepts this offer becomes a party to this Agreement.

    2. The fact of starting to use the Service is deemed full and unconditional acceptance of this public offer.

    3. The Agreement made in the above manner is considered to be concluded in a simple written form, does not require execution on paper, and has full legal force.

    4. From the moment the public offer is accepted, the user is considered to have read and agreed with this public offer and, in accordance with the Civil Code of the Russian Federation, is deemed to have entered into a contractual relationship with the Administrator in accordance with the terms of the Agreement.

    5. The Administrator has the right to change and/or supplement this Agreement at any time without notifying the User. Changes shall come into force from the moment they are posted on the Service. By using the Service after the publication of any changes made to this Agreement, the User agrees to meet the requirements of such changes. The current version of the Agreement is available on the Service as well as on the website at www.radar.film. Using the Service after any changes and/or additions to the Agreement have been made means that the User agrees with such changes and/or additions. The User undertakes to daily independently check for changes and/or additions to the Agreement.

    6. The User understands and acknowledges that this Agreement constitutes a single whole with other documents and information posted on the Service, including the Terms of Use and elements of the interface of the Service. All specified documents, information and elements are an integral part of this Agreement.

    7. The User understands and acknowledges that familiarization with all the provisions of this Agreement is necessary to use the Service. The Administrator strongly recommends that the User carefully read the Agreement in order to make an independent decision on the acceptance of the Administrator’s public offer. The User understands and acknowledges that the use of the Service requires their full and unconditional agreement with all the provisions of the Agreement, and consent with selected provisions of the Agreement only creates a technical impossibility to ensure the provision of the Service to the User.

  2. Terms and Definitions

    For the purposes of the Agreement, the Parties have agreed to use the following terms and definitions:

    1. The Service is a specialized online platform (software package) called RADAR.film on the website at www.radar.film, which allows one to search for the required Contractor in the field of photo, film, video, sound production, directing, scriptwriting, services of makeup artists, stylists, copywriters, creating graphics, sets, props, installations, and other contractors to create intellectual and audiovisual works, and post information about such Contractors by the Contractors themselves or their Representatives, as well as other functionality provided by the interface managed by the Administrator.

    2. A Specialist is an individual with knowledge and/or skills in the field of photo, film, video, sound production, directing, scriptwriting, services of makeup artists, stylists, copywriters, creating graphics, sets, props, installations, and other areas who posts information about themselves on the Service in accordance with this Agreement, independently or through their legal representative, Agent, or Film School. A Graduate is a type of a Specialist who has recently graduated from a Film School and whose Profile is filled out after receiving their consent, through an email invitation and registration on the Service. The Graduate Profile is linked to the Film School Profile until either party requests the Administrator to separate these Profiles.

    3. A Company is a legal entity or an individual entrepreneur providing services in the field of photo, film, video, sound production, directing, scriptwriting, services of makeup artists, stylists, copywriters, creating graphics, sets, props, installations, and other areas that posts information about itself on the Service in accordance with this Agreement, independently or through their legal representative.

    4. A Representative is any person representing the interests of a Specialist or a group of Specialists and/or a Graduate or a group of Graduates, including but not limited to an agent, a producer or other person (hereinafter, the “Agent”) or an educational institution, film school or another entity (hereinafter, the “Film School”).

    5. A Visitor is any person using the Service that does not have a public Profile and information about which is not displayed in the Database. The Visitor has access to a limited functionality of using the Service (only searching for a Specialist in the Database).

    6. A User is any person using the Service in accordance with this Agreement, including Visitor, Specialist, Graduate, Company, Client, and Representative.

    7. A Profile is a personal page of a Specialist, a Graduate or a Representative on the Service, available to all Service Users after payment, containing information including but not limited to: full name; information about their portfolio and Projects; date of birth; gender; city (location); accounts in social networks and messenger applications; contact phone numbers; email addresses; knowledge of foreign languages; qualifications; photos.

    8. The Database means all Profiles on the Service.

    9. The Personal Account is a special section of the Service access to which is provided to the User after registration and in which it is possible to fill in and edit the Profile. The login to enter the Personal Account is the User’s email (hereinafter, the “login”), and the password is the required case-sensitive combination of numbers and Latin letters (hereinafter, the “password”).

    10. Moderation is the Administrator’s review of the information posted on the Service by the User for compliance with the provisions of the Agreement, and removal of information from the Service without notifying the User, if necessary. Moderation is a right and not an obligation of the Administrator.

    11. A Maker is a Specialist, a Graduate, or a Company found through the Service by the User.

    12. A Client is any natural person or legal entity searching for a Contractor through the Service.

    13. A Work or Project is the result of the User’s work that the User displays in their Profile (or orders a service to add Projects to the Profile in accordance with clause 3.2 of the Agreement) and has the necessary copyright and related or other legal grounds for posting such projects in their Profile, and all the characteristics of the Project indicated in the Profile are true.

  3. Subject of the Agreement

    1. The subject of the Agreement is the Administrator providing the User with access to the functionality of the Service, both for a fee and free of charge, allowing to search for Contractors, as well as posting information about Contractors, and other features provided on the Service (hereinafter, the “Services”), both for a fee (hereinafter, “Paid Services”) and free of charge (hereinafter, “Free Services”). All features that are not directly specified as paid on the Service are provided free of charge and are recognized as Free Services. The cost and terms for the provision of Paid Services are specified in the Subscription Rates. The cost and terms can be changed by the Administrator at any time without the consent of the User. The Administrator has the right to provide other Services that are not listed in the Subscription Rates.

    2. Additionally, the User can order special information services (hereinafter, “Additional Services”) by sending a special application form for their receipt on the Service to the Administrator’s email. Additional services include, but are not limited to:

      • search for a Maker or a group of Makers according to the parameters specified by the Users sending the request.

      • Assistance in adding Projects indicating the characteristics of such Projects for searching on the Service (when ordering this additional service, the User confirms that the Projects comply with clause 7.1.8 and section 8 of this Agreement and, if necessary, signs an additional agreement with the Administrator for the provision of such a service).

      All additional services are paid services.

    3. The Service is a technical platform for searching and posting information, so the Administrator is not a party to transactions between Users, does not guarantee the quality, safety and legality of the services of the Contractor and other Users, the authorship of the Projects posted in the User’s Profile, the level of their qualifications for performing any works or services, the correctness of settlements between the Client and the Contractor, as well as between other Users.

    4. The Administrator does not check the User information entered during registration or information posted by Users in their Profile and Projects section.

    5. The Service is provided “as is” and “if available”, i.e. without any direct or indirect representations or warranties. The Administrator does not guarantee and does not make any statements regarding the security of the Service. The User confirms that any information sent through the Service can be intercepted during transmission or otherwise. The Administrator does not guarantee that the Service does not contain viruses or other harmful elements. The User uses the Service at their discretion and at their own risk, provided that the User is solely responsible for any damage caused to the User’s computer system, for the loss of data, or other harm caused as a result of such use.

    6. All information contained on the Service Profiles reflects the point of view of the respective User, and not the Service Administration.

    7. Users can perform the following actions on the Service (some of the listed Services are Paid Services):

      • Get unlimited access to their Personal Account.

      • Fill out their Profile and add it to the Service Database.

      • Search the Database, including search by individual parameters.

      • Use other features of the Service.

  4. Registration on the Service

    1. By registering on the Service, the User guarantees that they are 18 or more years old.

    2. When registering on the Service, the User agrees to provide reliable, complete and accurate information about themselves and keep this information up to date, fill out the Profile according to the specified parameters, indicate the correct and relevant characteristics and content of the Projects in the portfolio: without indicating incorrect genres, timing, etc. If a User deliberately provides incorrect/incomplete information, the Administration has the right to suspend or cancel the registration of such a User.

    3. Multiple registrations under one category of Users by one User are prohibited on the Service. If multiple registrations of one User are detected, the Administration has the right to suspend their registration or block the User’s access to the Service without prior notice.

    4. Registered Users have access to a Personal Account, which allows them to use the Service, fill out and edit a Profile or Profiles, and also get access to the Services, except for those that are paid services or are governed by separate rules or agreements of the Service, which are an integral part of this Agreement.

    5. The User is responsible for the safety of their login and password and for the losses that may arise due to their use, as well as for the transfer of information about the login and passwords to third parties. The User shall transfer logins and passwords at their own risk. The Administrator shall not be liable if third parties use the login and password to the User’s Personal Account. The Service provides for the functionality where Representatives can add a Specialist and/or a group of Specialists, a Graduate and/or a group of Graduates to their Personal Account, in which case the Specialist and/or Graduate receives an email invitation to confirm this, and shall be added to such Personal Profile only after receiving confirmation from the Specialist and/or Graduate.

    6. The Administrator has the right to restrict or terminate the User’s access to the Service in the event of the User’s violation of the terms of this Agreement, as well as the User’s unfair behavior and in other cases by agreement of the Parties.

  5. Financial Conditions

    1. The User does not pay for access to the Service. However, certain functions and Services are provided for a fee. The User’s payment for such functions is made through the payment systems offered on the Service.

    2. If it is necessary to receive Paid Services provided through the Service and pay for them, the User gets access to additional services that are not available without payment.

    3. In relation to certain Paid Services provided by the Administrator, it may be necessary to sign separate agreements (contracts), both in the form of a separate document and by posting on the Service. Should the text of this Agreement contradict the agreement (contract) for a separate Paid Service, the provisions of the Agreement concluded between the Parties for a specific Paid Service shall prevail in determining the legal relationship between the Parties when purchasing a Paid Service governed by a separate agreement (contract).

    4. The Administrator is not responsible for any technical failures or other problems of telephone networks, computer systems, servers or providers of telephone equipment or software, or failures of email services, as well as for losses incurred by the Users due to the above failures.

    5. Payment for Paid Services under this Agreement is carried out by the User through bank cards of the international payment systems Visa International, MasterCard Worldwide, MIR, and other international payment systems, unless the Service interface indicates restrictions regarding the possibility of debiting funds from a bank card of a certain international payment system. The Administrator reserves the right to temporarily restrict the acceptance of certain bank cards for technical reasons, or to establish additional payment requirements on the Service, as well as provide for a different interface for payment methods for various devices. The cost of specific Paid Services is determined by the Administrator independently, is clearly indicated on the Service and can be changed at any time without prior notice to the User.

    6. When paying, the User undertakes to use only bank cards they legally own. If the User deliberately uses a bank card of another person, they shall be solely liable for the damage that was or may be caused to the owner of such a bank card as a result of the above actions of the User, as well as to the Administrator in the event of such damage, including reputational damage.

    7. The interface may provide the User the opportunity to add automatic replenishment of their account by means of a bank card in their Personal Account in relation to the corresponding bank card in the manner specified on the Service. This opportunity may not be available on the Service and is provided on the basis of the Administrator’s decision.

    8. The User can be provided with a discount trial period (hereinafter, the “Trial Period”) for using Paid Services, after which the User’s bank card will automatically be debited in the amount of the full cost of the Paid Service for the corresponding time period and rate selected by the User. The Trial Period is set by the Administrator independently.

    9. The User shall provide an email address for sending an electronic receipt confirming the transaction in accordance with the regulatory legal acts. An electronic receipt can also be sent to the User’s mobile phone number as an SMS message.

    10. When activating automatic account replenishment by means of a bank card, the User may be asked to indicate the bank card number, expiration date, CVV, the surname and first name of the bank card holder.

    11. To verify the authenticity of the data specified by the User at their discretion, the issuing bank can reserve funds in the corresponding bank accounts of the User with the bank. After a successful verification of the card details by the issuing bank, the User’s bank card is considered linked, and the function of automatic account replenishment by means of a bank card is connected. The amount reserved when verifying the authenticity of a bank card is unblocked within the time frame determined by the issuing bank and does not depend on the Administrator.

    12. The bank card data entered by the User can be saved in the User’s profile in the systems of certified Internet payment operators in accordance with the rules of international payment systems and PCI-DSS certification that provide the Administrator with services to ensure the acceptance of User payments.

    13. The User can disable the function of automatic account replenishment by means of a bank card in Personal Account settings in the order specified on the Service or by contacting the Administrator.

    14. In the case of loss/replacement of a bank card, the User shall immediately notify the Administrator thereof in writing. The User’s written statement about the loss of the bank card received by the Administrator is the basis for the suspension of payment transactions to User’s Personal Account using the lost bank card.

    15. The User undertakes not to transfer their bank card data to third parties. The User shall bear all risks associated with the possible deliberate use of the User’s bank card data by third parties in the event of their improper storage.

    16. A commission fee is not charged for transactions, unless otherwise provided by the operator for receiving payments arising in the process of the User’s payment for Paid Services. The costs of carrying out the payment operation are to be included in the cost of the Paid Service and paid by the User, unless it contradicts regulatory legal acts. The Administrator reserves the right to increase the amount of payment indicated by the User on the Service by the amount of the Administrator’s expenses for carrying out the payment operation at the expense of the User with the obligatory prior notification of the User on the Service or in the payment form. The costs of the payment operation are indicated on the Service or in the payment form. In order to avoid ambiguous interpretation, such inclusion of the costs of the payment operation in the cost of using the Service is considered solely as a detailing of the cost of using the Service for the convenience of the User and is not a separately charged commission or another mandatory payment.

    17. When paying for Paid Services using a bank card, the bank card can be automatically linked to the User’s personal account. The User can unlink the bank card in the Personal Account settings in the manner specified on the Service or by contacting the Administrator.

    18. The User agrees that their payment for the receipt of Paid Services constitutes the User’s consent to subsequent direct debiting of funds from the User’s bank card for receiving Paid Services at regular time intervals or without such intervals. The User can cancel Paid Services at any time by contacting the Administrator or by using the methods indicated on the Service.

    19. For the purposes of this Agreement, payment for Paid Services is considered made from the moment the funds are credited to the Administrator’s account. The User acknowledges and agrees that the Administrator is not obliged to provide the User with access to the paid features of the Service until the funds are credited to the Administrator’s current account.

    20. The collection and processing of the received confidential data of the User (card details, registration data, etc.) are carried out in the processing center of the corresponding payment system making the payment, and not on the Service. Thus, the Service cannot receive the User’s banking data, including information about their transactions made on other sites. All financial information provided by the User is collected and processed by the payment intermediaries specified on the Service.

    21. Entry and processing of confidential payment data are performed on the side of the processing center. The Administrator does not receive the bank card details entered by the User.

    22. Refund.

      1. Refunds for Paid Services paid by the User are possible only if access to such Paid Services was not provided through the fault of the Administrator, as well as in other cases at the sole discretion of the Administrator. To return the funds, the Administrator has the right to request from the User a copy of the document confirming their identity. The terms for crediting the returned funds do not depend on the Administrator. The User has the right to find out other information about the refund from the Administrator using the Administrator’s contact details.

      2. Refunds of excessively transferred funds from credit cards are made by bank transfer to the same account from which the payment was made, opened in the name of the person to whom the refund is made.

      3. The Administrator’s license fee described in clause 11.5 of the Agreement for the provision of Paid Services is not subject to refund to the User. In the case of termination of the Agreement for any reason, the Administrator’s license fee in the amount of fifty (50) percent of the cost of the Paid Service is withheld by the Administrator.

    23. At the written request of the User, the Administrator provides the User with an invoice, a certificate, and other obligatory accounting documents confirming the provision of Paid Services to the Client under the Agreement to the email specified by the User during registration, followed by sending the documents to the address specified in the User’s request via Russian Post. The requirement to provide these documents must contain all the information about the User necessary for the preparation of these documents in accordance with the Russian legislation. If the data provided by the User in the request is incomplete or inaccurate, the Administrator has the right not to send these documents until the User provides the corrected data. The User shall return one copy of the certificate signed on their part to the Administrator within five (5) working days from the date of its receipt.

  6. Rights and Obligations of the Administrator

    1. The administrator shall:

      1. Provide Services under this Agreement.

      2. Provide Services for a period of time and under the rate chosen by the User and determined by the Parties when concluding this Agreement and/or when paying for Paid Services.

      3. Provide the Client with clarifications on the use of the Service, if necessary.

      4. Provide the User with other Services, including those not described in this Agreement, at the request of the User.

      5. The Services are deemed to have been properly rendered and accepted by the User if the Administrator does not receive written motivated objections from the User within one calendar day after the end of the provision of the Services.

    2. he Administrator has the right to:

      1. Independently determine the ways and methods of providing the Services without prior agreement with the User.

      2. Require the User to provide information by filling out the Profile in the Personal Account.

      3. Refuse to provide Services without sending a notification to the User if the User does not fill out the Profile or in other cases, including without giving any reasons.

      4. Block access to the Profile if the User provided incorrect information during registration or otherwise violated this Agreement.

      5. Temporarily suspend or block the User’s access to the Service or its individual functions for an indefinite period without warning in the case of the User’s violation of this Agreement. The User’s Personal Account being blocked by the Administrator does not give the User the right to register a new Profile on the Service.

      6. Analyze the information of the User Profile in order to fulfill the Agreement, the rules and regulations of the Service, including for detecting and preventing violations, analyzing complaints, preventing cases of deception, taking measures to prevent violations in the future, ensuring the safety of the Service and the User’s work on the Service, and Service data protection.

      7. The Administration does not consider or resolve disputes and conflict situations arising between Users; however, it reserves the right to block a User’s access to the Service in the case of receiving motivated complaints from other Users about the incorrect behavior of this User on the Service.

      8. If necessary, request any registered User to confirm their registration data and other information posted on the Service, including in the Profile. Until the User provides the required data, the Administrator has the right to block the User’s Personal Account.

      9. The Administrator is not obliged to back up the information posted by the User. The User is solely responsible for creating backup copies of their materials posted by them on the Service.

      10. The Administrator has the right to carry out preventive maintenance on the Service with a temporary suspension of its functioning, if possible, at night and reducing the Service downtime as much as possible, notifying the User thereof, if technically possible.

  7. Rights and Obligations of the User

    1. The User shall:

      1. By filling out the Profile in the Personal Account, provide the Administrator with reliable information and data necessary for the provision of the Services. When concluding the Agreement, the User shall register on the Service, get access to the Personal Account, and fill out the Profile for the first time.

      2. Keep their login and password secret. The User is solely responsible for the confidentiality and safety of their login and password data and for possible losses that may arise in the event of unauthorized access to the User’s Personal Account by a third party. If the login and password from the User’s Personal Account are transferred to third parties, the User shall do so at their own discretion and risk.

      3. Immediately inform the Administrator of the cases of violation of the security of their Personal Account. The Administrator is not responsible for any damage caused to the User as a result of unauthorized use of the User’s Personal Account by third parties.

      4. The User understands and agrees that the information published by them on the Service in the public domain (in the Profile, ads, job descriptions, etc.) can be indexed by search engines and will possibly be available to Internet users even after removing it from the Service.

      5. The User is solely responsible for any actions related to the use of the Service, including but not limited to: for the information and materials that they post, for their behavior on the Service, and for the fulfillment of obligations to other Users.

      6. The User is solely responsible for any materials and information that they post on the Service. The Administrator is not responsible for the information posted by the User; however, the Administrator reserves the right to delete without explanation any information that, at their own discretion, the Administrator recognizes as violating the terms and requirements of this Agreement and the current legislation of the Russian Federation.

      7. Not to reproduce, copy, distribute, or use in any other way and for any purpose the contents of the Service, except for personal use under this Agreement.

      8. The User agrees that it is prohibited to post the following on the Service:

        • Images/avatars containing scenes of violence, threats, profanity, pornography images, discrimination, or advertising.

        • Materials, messages, links to resources that directly or indirectly violate the legislation of the Russian Federation, contradict universal and moral norms, promote violence, discrimination in any form, contain profanity, pornography, threats and calls for illegal actions, or unauthorized advertising.

        • Projects in the Profile that are someone else’s intellectual property (plagiarism). Users who use Projects posted in their Profile without the corresponding authorization are responsible for unauthorized copying and use of such Projects.

        • Deliberately false information, defamation.

        • Advertising in any form, except for posting of information about themselves.

        • Spam messages inviting Service visitors to participate in various Ponzi schemes, MLM projects, and so on.

        • Messages containing viruses and other malicious software, serial numbers for commercial software products and programs for their generation, logins, passwords, and other means for obtaining unauthorized access to paid resources on the Internet, as well as links to the above information.

        • Insults and obscenity (as well as abbreviations of such expressions and replacement of some letters in them), including in relation to the character, nationality, race, religion, political affiliation of a person or groups of persons.

        • Take any other actions that violate the terms of this Agreement and the legislation of the Russian Federation.

      9. The User is fully aware that the Administrator may at any time refuse to provide Services if the User violates the terms of this Agreement, as well as in any other cases, including without giving any reason.

    2. The User has the right to:

      1. If necessary, receive advice from the Administrator regarding the functionality of the Service.

      2. Unilaterally refuse to receive the Services and terminate the Agreement by sending a notification to the Administrator via email at [email protected]. In the event of such a refusal, the Agreement will be considered terminated from the day following the day the Administrator receives the corresponding notification.

      3. The User has the right to post on the Service in the Profile information about themselves, their Projects in the portfolio, create new Projects, use the existing interface elements and features of the Service in accordance with this Agreement and the regulations posted on the Service

  8. Warranties and Liability

    1. The Administrator is not responsible for the User’s failure to achieve the expected results or if the result does not meet the User’s expectations.

    2. The Service is an information resource, and the Administrator is not responsible for the relationship and agreements between Users.

    3. The Administrator’s liability for any lawsuits or claims related to the execution of this Agreement may not exceed five thousand rubles (RUB 5,000). This limitation does not apply if the legislation of the Russian Federation provides otherwise.

    4. The User’s dissatisfaction with the results of the activities of other Users is not a basis for bringing the Administrator to responsibility for the improper quality of the Services provided.

    5. The Parties guarantee that they have all the rights and powers to conclude this Agreement and fulfill their obligations, have not entered into agreements with third parties that would be compatible with the provisions of this Agreement or limit its effect.

    6. The User guarantees that neither the information posted by them in the Profile as a whole, nor any part or element of such information violate anyone’s legal rights and interests, such as copyright and related rights, trademark rights, property rights, etc., and prejudice anyone’s honor, dignity, or business materials.

    7. The Service may contain information about third-party sites. The User shall follow links to any other site at their own risk. The Administrator is not responsible for the accuracy of information and data on these sites. The Service may provide links to other sites for the convenience of the User, which does not mean the approval of the content of these sites.

    8. The Administrator is not responsible for the information posted by the User on the Service, does not check the data and information that Users indicate about themselves during registration, as well as information posted by Users in their Profile; however, the Administrator has the right to edit, delete and block any messages, links to Projects, reviews and other materials posted by Users on the Service in the event that, upon receiving a complaint from other Users or during Moderation, the Administrator finds indicated materials and/or information to be contrary to this Agreement.

    9. Taking into account that the Service is publicly available to Users and the Administrator cannot guarantee that the materials posted or provided by Users on the Service are free from the requirements of third parties, in the event that the User is the copyright holder (or their successor) to intellectual property objects posted on the Service, and its rights are violated any way by using the Service, the Administrator, upon the complaint of such a person, has the right to block the account of the User in respect of whom the complaint was received until such a User clarifies the circumstances.

  9. Force Majeure

    1. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if such fulfillment became impossible due to force majeure circumstances that arose after the conclusion of the Agreement as a result of extraordinary events, including but not limited to the following:

      • War, military action (whether war is declared or not), invasion, surprise military attack, action by an enemy army, nation, or enemy.

      • Riot, uprising against a legitimate government, civil unrest, disorder, uprising, organized armed resistance to the government, military coup, civil war, exercises to prevent terrorist acts, disorder in crowded places.

      • Flood, fire, arson, earthquake, storm, lightning strike, landslide, or other natural disasters.

      • Epidemic, illness, death, raid, sabotage, crime, explosion, terrorist acts of any nature.

      • Speeches of civil servants, announcement of mourning days, release of urgent messages or the onset of other events that change the program/release schedules of mass media.

      • Adoption of acts of state or municipal authorities and administration that impede the execution of the Agreement.

      • The occurrence of a technical failure in telecommunication and/or public power networks, the action of malicious software, as well as unfair actions of third parties, i.e. actions aimed at gaining unauthorized access and/or disabling the software and/or hardware complex or the occurrence of another similar event.

    2. The Party affected by force majeure events shall notify the other Party in writing within three (3) business days as soon as possible, providing documents confirming the existence of force majeure issued by a state or administrative authority.

    3. In the event of force majeure circumstances, the period for the Parties to fulfill their obligations under this Agreement shall be prolonged in proportion to the duration of the force majeure circumstances.

    4. If force majeure circumstances continue for more than one (1) month, either Party has the right to refuse to further fulfill its obligations under this Agreement, provided that the other Party is reimbursed for the actual costs incurred.

  10. Confidentiality

    1. By posting their personal data when registering on the Service, the User consents to the Administrator’s processing and use of their personal data in accordance with Federal Law No. 152-FZ “On Personal Data” dated July 27, 2006, in various ways for the purposes specified in this Agreement. The User confirms that they do so voluntarily, as well as that they voluntarily provide the data to the Administrator for processing for the purposes of the execution of the Agreement, and also agrees to the transfer of such data to third parties. If the User does not agree with the above conditions, they shall not register on the Service or shall immediately delete their Profile.

    2. For the purposes of fulfilling obligations under this Agreement, the Administrator uses the User’s personal data for the following purposes: registration of the User on the Service, provision of the Services to the User, and other purposes provided for by this Agreement. The user understands that the data entered by them during registration will be posted in the public domain on the Service and will be available to all visitors of the Service. The Administrator is not responsible for the information publicly provided by the User on the Service.

    3. By providing their personal data on the Service, the User agrees to their processing by the Administrator as indicated in Federal Law No. 152-FZ “On Personal Data” dated July 27, 2006, including in order to fulfill the Administrator’s obligations to the User under this Agreement as well as other obligations, including sending informational electronic and SMS messages, customer support, quality control of the Services provided by the Administrator.

    4. When processing the User’s personal data, the Administrator undertakes to take all measures provided for by the current legislation of the Russian Federation to protect them from unauthorized access.

    5. The Administrator guarantees that the User’s personal data will not be transferred to third parties, unless such transfer is necessary for the purpose of fulfilling obligations under the Agreement and in connection with the requirements of authorized state bodies and/or legislation.

    6. The Administrator uses cookie files. Cookie files do not contain confidential information. The User hereby consents to the collection, analysis and use of cookies, including that by third parties for the purpose of generating statistics and optimizing advertising messages. This information is not used to identify the User.

    7. In the process of gaining access to the Service by the User, the following information about the User is automatically transmitted to the Administrator: the IP address of the User’s device, information from cookie files, information about the location of the User’s device, information about the User’s Internet browser (or another application through which the Service is accessed), the time of access to the Service, as well as technical information about the User’s device used to access to the Service (including the identification number, model, year of manufacture of the device, the version of the software installed on the device), as well as the IP address of the User (without identification of the confidentiality of the specified information, unless the disclosure of such information is provided for or permissible in accordance with regulatory legal acts, other provisions of this Agreement, or is necessary solely to ensure the normal functioning of the Service (in particular, the provision of technical information about the device to the technical partners of the Administrator to determine the reason for the technical crash)).

    8. The Administrator and their technical partners have the right to send the User information by means of short SMS messages or emails about the Service, including advertising information, to the User’s email and mobile phone number with their consent expressed by performing actions that allow them to reliably establish their willingness to receive such messages. The User’s indication of their phone number or email address (if such settings are available) in the settings of the Personal Account is a proper confirmation of the User’s consent to receive the above messages. Messages with passwords or other service and functional messages are sent automatically and cannot be rejected by the User.

    9. The User has the right to withdraw their consent to the processing of personal data at any time by contacting the Administrator via email at [email protected] or in another way indicated on the Service. However, the User understands that such withdrawal may make it impossible to use the Service and agrees that in the case of consent withdrawal, the Administrator has the right to suspend or terminate the User’s access to the Service at any time without prior notice.

  11. Rights to the Results of Intellectual Activity

    1. The exclusive rights to the Service belong to the Administrator, including on the basis of agreements with third parties.

    2. Except as expressly provided for in this Agreement, the User does not acquire any intellectual rights in relation to the Service when using the Service. All intellectual and other applicable rights to the Service and all its components belong to the Administrator or the respective copyright holders. The User is prohibited from copying, reproducing, modifying, processing, demonstrating, distributing, publishing, transferring, selling or otherwise using the results of intellectual activity posted on the Service, either in whole or in part, without the prior and explicit permission of the Administrator or the legal owner of the relevant result of intellectual activity, unless the Administrator or the copyright holder has explicitly expressed their consent to the free use of the result of intellectual activity by any person.

    3. Any use of the Service, except as expressly permitted by this Agreement, is prohibited for the User and is considered a violation of the terms of the Agreement.

    4. Under the terms of a simple (non-exclusive) license, the Administrator grants the User the right to use the Service under this Agreement. This license includes the right to use the Service for its direct functional purpose in the ways provided for on the Service in order to participate in the purchase and distribution of advertising materials with the prohibitions and restrictions specified in this Agreement. The Administrator reserves the right to monitor the User’s compliance with the rules for using the Service in any ways that are not prohibited by regulatory legal acts, as well as determine the compliance of the purposes of using the Service with the permissible purposes of using the Service specified in this paragraph. If the User violates the terms of the license, the Administrator terminates the Agreement with the User, including the license agreement in relation to the Service. The territory of this license is the territory on which the Service is provided. The Administrator has the right to unilaterally limit the territory of this license by amending this Agreement, posting relevant information in another way on the Service, or disabling the Service on a particular territory, if the User disagrees with the changes to the procedure of using the Service.

    5. The license for the Paid Services is provided to the User on a paid basis; the Administrator’s remuneration is fifty (50) percent of each amount paid by the User for the Paid Service.

  12. Final Provisions

    1. The Agreement is a complete agreement between the Administrator and the User.

    2. Issues not regulated by this Agreement are regulated in accordance with the current legislation of the Russian Federation.

    3. All disputes and disagreements arising from or in connection with the Agreement shall be resolved, if possible, through negotiations between the Parties. If the Parties do not come to an agreement, disputes shall be considered in the manner prescribed by the current legislation of the Russian Federation in an authorized court at the location of the Administrator. Compliance with the claim procedure for resolving disputes is mandatory for the Parties, and the response to the claim should not take more than fourteen (14) calendar days from the date of its receipt.

    4. The Agreement enters into force from the moment the User accepts this public offer and is valid until the Parties fulfill their obligations in full.

    5. If the User does not agree with the terms of this Agreement, they shall immediately delete their Profile from the Service, otherwise the continued use of the Service by the User means that the User agrees with the terms of the Agreement.

    6. In accordance with the requirements of Federal Law No. 149-FZ “On Information, Information Technologies and Information Protection” dated July 27, 2006, the Administrator has created an email address for sending legally significant messages from the Federal Service for Supervision in the Sphere of Communications, Information Technology and Mass Media – [email protected]. The specified address is not intended for sending messages to the Administrator by the Users. The Users can email the Administrator only at the address specified on the Service (if any), or contact the Administrator in other ways indicated on the Service.

  13. Administrator Details:

    Individual Entrepreneur Martynova Elena Igorevna
    OGRNIP: 319344300094931
    INN: 344222139660
    Address: 26 Triumfalnaya St., Office 61, Volgograd, Russia
    Email: [email protected]
    Telephone: +79955081210